Court No. - 24 Case :- MISC. SINGLE No. - 86 of 2010 Petitioner :- C/M Baba Doodhnath Laghu Madyamik Faizabad Through Its Respondent :- Deputy Registrar Firms Societies & Chits Faizabad And Ors. Petitioner Counsel :- Sanjay Misra Respondent Counsel :- M.B.Singh,Deepak Srivastava,M.B.Singh,R.N. Gupta,Ram Kumar Singh Hon'ble Rajiv Sharma,J.
Heard Mr Sanjay Misra, learned Counsel for the petitioner and Mr M. B.
Singh, learned Counsel for the opposite party No.1.
With the consent of learned Counsel for the parties, the writ petition is
being disposed of at the admission stage itself.
Learned Counsel for the petitioners states that proceedings were going-
on for renewal of registration of Committee of Management in which
respondent No.3 and others filed objections including the petitioner. It
has been alleged that the Deputy Registrar, Firms, Societies and Chits
has passed orders on 19.12.2009, whereas a copy of the same has
reached its office on 21.12.2009 and as such, the order passed on
19.12.2009 is ante-dated, insofar as the averments so made in the
application have not been considered. Thus, the order suffers from
illegalities. Learned Counsel for the opposite party No.1 does not
dispute the aforesaid facts.
After hearing learned Counsel for the parties and perusing the record, it
reflects that the complaint has reached the office of Deputy Registrar on
21.12.2009. In the meantime, the opposite party No.1 has passed the
impugned order. It is indicative of the fact that the averments made in
the complaint have not been considered, therefore, the impugned order
is not sustainable in the eyes of law, which is liable to be quashed.
Accordingly, the writ petition is allowed and the impugned order dated
19.12.2009 is hereby quashed. However, it will be open for the Deputy
Registrar, Firms, Societies & Chits/opposite party No.1 to pass
appropriate orders, in accordance with law, after affording opportunity of
hearing to all the parties concerned, within a maximum period of three
months, from the date of presentation of a certified copy of this order.
Order Date :- 5.8.2010
lakshman